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Documents citing Pannalal Jugatmal vs State Of Madhya Pradesh on 29 January, 1953

The Jute Corporation Of India Ltd vs Abl International Ltd. (Now Sudera ... on 10 May, 2023

16. Furthermore, the learned Single Judge quoted a judgment of the Division Bench of the Madhya Pradesh High Court in Pannalal Jugatmal v. State of M.P., reported in AIR 1963 MP 242 and made reference to the case of Mt. Aliya Begam & Ors. v. Mt. Mohini Bibi & Ors., reported in AIR 1943 Oudh 17, to state that Section 73 of the Indian Contracts Act casts a burden upon the claimant to show that he did not possess the means of remedying the inconvenience caused by the non performance of the contract and the burden is placed on the claimant to show that being that the innocent party should make a reasonable exertions to render the injury as light as possible.
Calcutta High Court Cites 48 - Cited by 1 - S Sen - Full Document

Vora Sirajudin Kalimuddin And Anr. vs Safkathassein Badruddin And Ors. on 22 January, 1965

The explanation thereto is of considerable importance in such matters and it provides that in estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the nonperformance of the contract must be taken into account. This Section 73 has been well explained in a case of Pannalal Jugatmal v. State of Madhya Pradesh Now, as held therein damages are compensatory and not penal and one who has suffered loss from breach of contract must take every reasonable step that is available to him to mitigate the extent of damages caused by the breach. He can not claim to be compensated by the party in default for loss which is really due not to the breach but to his own failure to behave reasonably after the breach. That has been, what is stated in the Explanation to Section 73 of the Contract Act just referred to above. This decision further says that the explanation casts a burden upon the person complaining of breach of the contract to show that he did not possess means of remedying the inconvenince caused by the non-performance of the contract. The law, for wise reasons, imposes upon a party subjected to injury from a breach of a contract the active duty of making reasonable exertions to render the injury as light as possible.
Gujarat High Court Cites 26 - Cited by 2 - Full Document
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